Sask. lawyer says 'serious discussion' needed as Indigenous incarceration reaches all-time high

The numbers shocked even a longtime veteran of the Canadian justice system.

Almost one third — 30 per cent — of people behind bars in Canadian prisons are Indigenous. The number is even higher for women, with 42 per cent of inmates being Indigenous.

Indigenous people make up about five per cent of the population of Canada.

The figures come from a report from Ivan Zinger, the Correctional Investigator of Canada, released Jan. 21.

Ian Wagner, a senior defence lawyer in Saskatoon and president-elect of the Saskatchewan Trial Lawyers Association, said the 42 per cent figure for Indigenous women is the most alarming revelation.

"I think some real study has to go into what's causing that," Wagner said.

"We need to have some serious discussions, not only within corrections but within a broader scope about how we address that."

Zinger said in his report that passing the 30 per cent mark shows "disturbing and entrenched imbalances" in the correctional system.

He also noted that, once released, many offenders end up back behind bars again. A national recidivism study showed that many as 70 per cent of male Indigenous offenders in the Prairie region end up back in trouble.

Dan Zakreski/CBC
Dan Zakreski/CBC

Wagner says the prison figures point to a larger failure. He sees it play out in Regina, Saskatoon and Prince Albert.

"On the arrest end, we are seeing a lack of ability to address the issues in our urban centres where there's a high level of poverty," he said.

"We're having real trouble retaining school attendance from the start of the year to the end of the year, and that the appeal of gangs for kids who are not seeing an economic future for them drives them into that which increases the crime level."

Wagner is especially troubled by the number of women in prison because he's seen the ripple effect that it has in Indigenous communities. For example, removing a mother from a home can break up a family and then lead to children in the foster care system.

"Anecdotally I can tell you I've had many clients who have come through that [foster care] system where their emotional needs weren't met and, at times, abuse happened," Wagner said.